1672-8505

CN 51-1675/C

涉法涉诉信访与司法裁判的内在矛盾及化解路径——将涉法涉诉信访工作纳入法治化轨道

The Inherent Contradictions and Their Resolutions Between Law-or-Lawsuit-Involved Petitions and Judicial Rulings——Bringing the Law-or-Lawsuit-Involved Petitions into Legal System

  • 摘要: 我国涉法涉诉信访和司法裁判之间存在着内在矛盾,它们在得以建立和运行的法律环境、法律专业化背景、涉及的范围和程序性要求上都存在着较大差异。二者发生矛盾冲突的危害在于,涉法涉诉信访成为一种外在于司法裁判的制度设计,会导致司法公信力的下降,并进一步造成法律权威受到损害。要想改变这种状况,只能是在建设社会主义法治国家的目标下,尽可能地将涉法涉诉信访的各个方面和环节都纳入到法治化轨道发展和完善。

     

    Abstract: Law-or-Lawsuit-Involved Petitions carry inherent contradictions with the judicial rulings in our country. Huge differences exist between them in the legal environment where they are set up and run, in the specialization backgrounds, in the legal range involved and in the procedural requirements. The jeopardy of the contradictions lie in the fact that Law-or- Lawsuit-Involved Petitions, as a system dissociates from judicial ruling, will weaken the judicial credibility, and will further undermine the authority of law. To change that, under the goal of building a socialist country under the rule of law, all aspects of the Law-or-Lawsuit-Involved Petitions should be optimized to the greatest extent by being included into the legal system.

     

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